Love and the Law: Understanding Washington’s Cousin Marriage Restrictions
Breaking down the legal distinction between second cousins and "nearer of kin."
every industry needs a leader
•
empower the leader in you
•
every industry needs a leader • empower the leader in you •
In the United States, marriage laws are determined by individual states rather than the federal government. This leads to a patchwork of regulations across the country, particularly regarding consanguinity—the legal term for being related by blood. For those asking if first cousins can get married in Washington, the answer involves a clear statutory prohibition but contains a subtle nuance regarding marriages performed elsewhere.
The Statutory Prohibition
According to the Revised Code of Washington (RCW 26.04.020), first-cousin marriage is strictly prohibited within the state. The law specifically states that a marriage is prohibited when the parties are "nearer of kin to each other than second cousins."
In legal terms, this means that while you and your second cousin are free to marry in Seattle or Spokane, first cousins—who share a set of grandparents—are considered too closely related under Washington law to receive a marriage license or have a ceremony performed within state lines.
The Nuance of Out-of-State Recognition
While Washington will not issue a license to first cousins, there is a distinct legal concept known as "comity," which refers to the recognition one jurisdiction grants to the laws and judicial decisions of another.
Under Washington law, a marriage that is recognized as valid in another jurisdiction (such as California or New York, where first-cousin marriage is legal) is generally recognized as valid in Washington. However, this comes with a critical caveat found in RCW 26.04.020(3): an out-of-state marriage is valid in Washington only if it is not "prohibited or made unlawful" by certain subsections of the law.
Interestingly, Washington's "incest" or "unlawful" marriage list (RCW 26.04.020(2)) includes siblings, children, grandchildren, aunts, uncles, nieces, and nephews—but it does not explicitly list first cousins in that specific "unlawful" list. Instead, first cousins are listed under the "prohibited" category in a separate subsection (RCW 26.04.020(1)(b)). This distinction has led many legal experts to conclude that if first cousins marry in a state where it is legal and then move to Washington, their marriage will likely be recognized, even though they could not have legally wed within Washington itself.
Legal and Practical Implications
For couples in this situation, the primary hurdle is the inability to obtain a Washington state marriage license. Engaging in a marriage ceremony in Washington as first cousins could lead to the union being declared void, which can have significant consequences for:
Estate Planning: Inheritance rights may not be automatically granted to a spouse.
Property Rights: Community property laws may not apply as they do for validly married couples.
Health Benefits: Insurance providers may deny coverage if the marriage is not legally recognized.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
